Legal Question in Family Law in India
my friend is adopted by his mamaji but there is no written deed.after demise of mamaji ,mamiji want to give their share to my friend i.e. her adopted son but patwari of said viillage said bring the adoption deed.mamiji cannot adopt him as there is difference of age is only 12 years. the property is herediatary not self acquired property of mamaji.can mamiji make their will in favour of my friend& also mention the adoption of my friend. In ration card, voter card the name of father is mamaji i.e. his adopted father already mentioned. suggest me what they can do?
4 Answers from Attorneys
I already replied. Better way is ask your mami ji to make a will for whole property in favor of your friend coz after the death of your mamaji, her wife is the owner of the land.
for self acquired property a person can write will and give property in favour of even third person or trust but as per your facts the property is hereditary and therefore mamaji cannot make will and/or dispose the property.
I have your question in detail . Anyway ,who are you ? Please clarify.
a will can be made or the property can be transferred in the name of adoptive son.